When 17-year-old Clayton Emerson’s motorcycle slammed into a pickup truck illegally pulled into oncoming traffic, he was killed almost instantly. But Gainesville police never checked whether the driver was under the influence.
Instead, the driver received a traffic ticket.
“Clayton’s Law” would change that.
Crafted by Emerson’s mother, a single mom and office manager at a Newberry doctor’s office, “Clayton’s Law” would require officers to perform a toxicology report if a traffic accident yields both a fatality and a citation.
“One family in an identical situation could receive answers, another one doesn’t. It just so happens that mine was one of those left without answers,” 47-year-old Kelli Boyd told The Floridian, calling the current standards for probable cause “subjective” in fatal crashes.
Under current Florida statute, officers have discretion over whether to order toxicology screens—even in deadly accidents. Boyd’s proposal would amend state law to make the fatality itself probable cause to trigger testing.
“Florida law is lagging behind,” she added, noting that she’s been speaking with lawmakers in hopes of drafting a formal bill ahead of the 2026 legislative session, which starts in January.
Boyd described the horror of June 1, 2024, when Emerson, her middle son, was pronounced dead at the scene in Gainesville, a half hour from their home in Williston. It took police nearly six hours to inform her of his death, she said.
According to the crash report, Emerson and a group of friends were riding motorcycles in eastern Gainesville around 11 p.m. when 41-year-old Keith Grant pulled his Chevy Silverado into oncoming traffic. Emerson, who was speeding and at the tail end of the group, careened into the side of the pickup truck.
He died at the scene.
Though Grant was found to be negligent in the crash and was later cited for failure to yield, officers never performed a toxicology report because they didn’t observe physical signs of drug or alcohol impairment—such as slurred speech, pupil dilation, or loss of balance.
Boyd, who called this a subjective observation that could differ from officer to officer, pointed to Grant’s history of four drug-related arrests in a 13-year period, first reported by The Alligator.
“No family should have to beg for answers if their loved one is killed, and that’s basically what I’ve been having to do. I don’t wish this on my worst enemy,” Boyd said.
She described how Emerson—nicknamed "Boo"—made it his mission to try to meet with every local law enforcement agency in Florida, and dreamed of becoming an officer after joining the Marine Corps.
Sadly, he wouldn't even get to start his senior year at Williston High School.
Griefstricken but determined, Boyd six weeks ago started a Change.org petition to garner support for “Clayton’s Law.” As of Wednesday, it has over 22,000 signatures.
She said that while lawmakers like Rep. Chad Johnson and Sen. Jennifer Bradley have signaled support for her cause, Boyd doesn’t know if “Clayton’s Law” will be introduced during the 2026 session.
But that doesn’t mean she’ll give up hope.
“I’m pushing for it. I have hope, but if not, I’m in it for the long haul. I’m not going anywhere—this is my calling, unfortunately, and this is my cross to bear,” Boyd said.
“I’m calling on all Florida lawmakers—both in the House and the Senate to step up, support, and sponsor Clayton’s Law.”
Gainesville Police did not respond to a request for comment.
